Am I Eligible to File for Divorce in Maine? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency — Current Resident, No Minimum

Maine requires only that you currently reside in Maine. There is no minimum length of residency — no 6-month requirement, no 90-day requirement, nothing. If Maine is your home now, you can file.

Which court? File at the District Court in the county where either you or your spouse currently lives.

Grounds for Divorce

No-Fault — Irreconcilable Marital Differences

Maine's primary no-fault ground is "irreconcilable marital differences" (19-A M.R.S. § 902). The marriage has broken down. No fault needs to be proven or alleged.

Fault Grounds (Also Available — 19-A M.R.S. § 902)

Maine also preserves fault-based grounds:

• Adultery
• Cruel and abusive treatment
• Utter desertion continued for 3 consecutive years
• Gross and confirmed habits of intoxication from alcohol or drugs
• Non-support (when capable of providing support)
• Impotency
• Cruel and abusive treatment that renders further cohabitation unsafe

Most Maine divorces use irreconcilable marital differences.

No Waiting Period

Maine imposes no mandatory waiting period between filing and finalization. Once the Respondent is served, the Financial Statements are complete, and any parent education requirements are met, the case can move to a final hearing immediately.

Financial Statement — Required

Both parties must complete and file a Financial Statement disclosing all income, expenses, assets, and debts. This is mandatory in all Maine divorces, even when both parties agree.

Equitable Distribution

Maine is an equitable distribution state (19-A M.R.S. § 953). Marital property is divided fairly based on all relevant circumstances — not necessarily 50/50.

Marital property: Acquired during the marriage. Non-marital property: Pre-marital, gifts, inheritances — generally stays with original owner.

Eligibility Checklist

• You currently reside in Maine ✅
• District Court county identified ✅
• "Irreconcilable marital differences" applies ✅
• Financial Statement form identified ✅
• Marital property inventory in progress ✅
• If children: parent education program identified ✅
• If children: Parenting Plan in progress ✅

Last reviewed: March 2026 | Current resident — no minimum (19-A M.R.S. § 902) | No waiting period | "Irreconcilable marital differences" | District Court | Financial Statement required | Parent education required with children | Equitable distribution (19-A M.R.S. § 953) | courts.maine.gov | ptla.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.